Jose Garcia and Miu Ling Tse

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
|
In re 	| 	No. 11-46608 WJL
| 	Chapter 7
Jose Garcia, 	|
Miu Ling Tse, 	|
|
|
Debtors. 	|
______________________________|
MEMORANDUM RE: HEARING ON OBJECTION
TO DEBTORS’ CLAIMS OF EXEMPTION
On February 29, 2012, a hearing will take place regarding the
chapter 7 trustee’s Objection to Debtors’ Claim of Exemptions. 	The
Court provides this memorandum to make the chapter 7 trustee aware
of a possible deficiency with service of the objection.
According to the proofs of service on file, the trustee served
the debtors’ counsel with the objection and the notice of hearing,
but did not serve the debtors. 	An objection to a claim of
exemptions constitutes a contested matter. 	As a contested matter,
Bankruptcy Rule 9014 requires that the initiating papers be served
in compliance with Bankruptcy Rule 7004. 	Bankruptcy Rule 7004
requires service upon both the debtors and the debtors’ counsel.
The following constitutes
the order of the court. Signed February 28, 2012
________________________________________
William J. Lafferty, III
U.S. Bankruptcy Judge
Entered on Docket
February 28, 2012
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 11-46608 Doc# 23 Filed: 02/28/12 Entered: 02/28/12 12:14:09 Page 1 of 3

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See Fed. R. Bankr. Proc. 7004(b)(1) and (g). 	As a result, it
appears that service is improper.
Based on the foregoing, the Court requests that the chapter 7
trustee be prepared to address the sufficiency of service of the
objection at the outset of the hearing on February 29, 2012 at 9:30
a.m.
**END OF DOCUMENT**
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Case: 11-46608 Doc# 23 Filed: 02/28/12 Entered: 02/28/12 12:14:09 Page 2 of 3

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COURT SERVICE LIST
Jose Garcia
Miu Ling Tse
5431 Glenn Avenue
San Pablo, CA 94806
Aron M. Oliner
Law Offices of Duane Morris
1 Market Spear Tower #2200
San Francisco, CA 94105-3104
Gregory Lowe
212 9th St. #211
Oakland, CA 94607
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Case: 11-46608 Doc# 23 Filed: 02/28/12 Entered: 02/28/12 12:14:09 Page 3 of 3